by

 HUKUM SEBAGAI DISIPLIN

 HUKUM SEBAGAI DISIPLIN

 

Pengertian suatu DISIPLIN adalah sistem ajaran mengenai kenyataan atau gejala – gejala yang dihadapi. Secara umum, disIplin dapat dibedakan menjadi 2 (dua) macam, yaitu DISIPLIN ANALITIS dan DISIPLIN PRESKRIPTIF.

Disiplin analitis merupakan sistem ajaran yang menganalisa, memahami serta menjelaskan gejala – gejala yang dihadapi, contoh; sosiologi, psikhologi, ekonomi dan sebagainya. Disiplin preskriptif merupakan sistem ajaran yang menentukan apakah yang seyogyanya/seharusnya  dilakukan dalam menghadapi kenyataan – kenyataan tertentu, misalnya; hukum, filsafat dan sebagainya;

Secara umum, disiplin hukum mencakup:

  1. Ilmu – ilmu hukum;
  2. Politik hukum;
  3. Filsafat hukum;

ILMU TENTANG KAEDAH HUKUM (normwissenschaft atau sollenwissenschaft) yaitu ilmu yang menelaah hukum sebagai kaedah atau sistem kaedah – kaedah, dengan dogmatik hukum dan sistemAtik  hukum.

ILMU PENGETAHUAN HUKUM yaitu ilmu tentang pengertian – pengertian pokok dalam hukum, sepert; subyek hukum. hak dan kewajiban, peristiwa hukum, hubungan hukum dan obyek hukum.

ILMU TENTANG KENYATAAN HUKUM   (tatsachenwissenschaft atau seinwissenschaft) adalah ilmu yang menyoroti hukum sebagai perikelakukan atau sikap tindak.

Ilmu tentang kenyataan hukum, mencakup:

  • Sosiologi hukum;
  • Antropologi hukum;
  • Psikologi hukum;
  • Perbandingan hukum
  • Sejarah hukum.

SOSIOLOGI HUKUM  yaitu suatu cabang ilmu pengetahuan yang secara empiris dan analitis mempelajari hubungan timbal balik antara hukum sebagai gejala atau fenomena sosial dengan gejala – gejala sosial lainnya.

ANTROPOLOGI  yaitu suatu cabang ilmu pengetahuan yang mempelajari pola – pola sengketa dan penyelesaiannya pada masyarakat – masyarakat sederhana, maupun masyarakat – masyarakat yang sedang mengalami proses modernisasi.

PERBANDINGAN HUKUM  yaitu cabang ilmu pengetahuan yang membandingkan sistem – sistem hukum yang berlaku didalam satu atau beberapa masyarakat.

SEJARAH HUKUM  yaitu cabang ilmu pengetahuan yang mempelajari perkembangan dan asal – usul daripada sistem hukum dalam masyarakat tertentu.

POLITIK HUKUM yaitu cabang ilmu pengetahuan yang mencakup kegiatan – kegiatan memilih nilai – nilai dan menerapkan nilai – nilai;

FILSAFAT HUKUM  yaitu cabang ilmu pengetahuan yang merupakan perenungan dan perumusan nilai – nilai, juga mencakup penyerasian nilai – nilai, misalnya; penyerasian antara ketertiban dan ketentraman, antara materil dan immateril, antara kebendaan dan akhlak, antara kelanggengan / konservatisme dengan pembaharuan;

 

Adapted  and Posted By:

Appe Hamonangan Hutauruk, SH., MH.

Lecturer, Advocate and Legal Consultant

Handphone: 0818964919, 085959597919, 081213502002

 

 

 

 

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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